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Die voorkoms van seksuele teistering in die staatsdiens

Du Plessis, Jan A. (2001-03)

Thesis (MAdmin)--Stellenbosch University, 2001.

Thesis

ENGLISH ABSTRACT: Sexual harassment has different meanings for different individuals. This is clearly evident
from the wide variety of definitions that are noted on the theme. Sexual harassment can
be divided into two main categories. Firstly there is quid pro quo harassment which boils
down to the fact that an agreement must be established between two individuals where
sexual favours are exchanged for more favourable work benefits. The next sexual
harassment category is where one individual makes the working environment of the next
individual intolerable in order to solicit sexual favours.
Sexual harassment can be explained using a number of models. These models vary from
the point of departure that sexual harassment is driven by the individual's sex drive to a
model where the economy has an influence on the individual's behaviour. None of the
existing models, however, fully explain sexual harassment and sexual harassment can
best be explained using a synthesis between various models. These models have the
advantage that a better understanding of the subject exists and could thus ease the
prevention and management of sexual harassment in the workplace.
Sexual harassment manifests over a wide varitey of actions. A difference can be drawn
between direct and indirect harassment. Direct harassment could be physical and lead to
charges of sexual assault or rape. Indirect harassment could be where an individual
through his/her actions causes another individual to feel uncomfortable without the action
being directed at that specific individual. It could be that sexually explicit pictures are
being displayed without the intention to harass but that the mere displaying of the pictures
is experienced as harassment by certain individuals. There are various actions leading up to sexual harassment. However, it was found that
sexual harassment is not romantic attention with the view of courting towards a consenting
love affair. Consenting love affairs may also exist in the workplace and although not
prohibited by any rule or prescript the affair could end and then transform towards sexual
harassment.
Sexual harassment was found not to be restricted to one sex only. Although the profiles of
male and female harassers differ both can present themselves as harassers. Sexual
harassment is not restricted to harassing the opposite sex only and man to man and
woman to woman harassment is also found.
In the South African Civil Service there are certain acts that regulate sexual harassment.
Sexual harassment is, however, not addressed by definition and general deductions must
be made that could include atcs of sexual harassment. This was tested by contacting a
variety of government departments and provincial administrations to gain insight into their
sexual harassment policies. The majortiy of respondents did not have a formal or
approved policy on sexual harassment. The sexual harassment policies that were
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analysed revealed certain inadequicies and a scientifically based questionnaire was
developed to determine the prevelance of sexual harassment in the workplace.
Normatively speaking certain guidelines or a definition of sexual harassment should exist
to show which conduct or behaviour can be construed as sexual harassment. An
employee's complaints procedure should at least contain a mechanism to ensure that
policy is not ignored, that alternative methods of reporting sexual harassment are being
catered for and that adequate training is provided to ensure that all employees are au fait with the complaints procedure. Confidentiality is a critical element and the employer
should try to maintain this throughout the investigation. Investigation officers should have
a certain knowledge on the theme of sexual harassment. The appointment of an
investigation officer should also be sex sensitive. The imposing of sanctions after the
investigation into complaints of sexual harassment should be done with due cognisance of
the degree of seriousness of the violation and other mitigating and extenuating
circumstances.